Alabama

Alabama attorney general says wait on rewriting immigration law

Alabama Attorney General Luther Strange says he believes any rewrite of the immigration law will result in new or additional litigation. (AP Photo/Dave Martin)

MONTGOMERY -- Alabama Attorney General Luther Strange said he believes Alabama should hold off on changes to its immigration law until the U.S. Supreme Court rules on Arizona's similar law this summer.

"My recommendation would be to wait until the court rules in the Arizona case before we make any changes to our law," Strange said Thursday. The attorney general made the comment as he left Washington after watching Wednesday's verbal arguments in the Arizona case.

Strange, who has been defending Alabama's 2011 law, said he believes any rewrite will result in new or additional litigation. Because of that, Strange said he thought it would be best to wait and see what guidance the high court gives states regarding immigration. A ruling is expected in June.

"I think we are going to know the law in two months," Strange said.

The Republican attorney general's view is at odds with Republican legislative leaders who have been working on a rewrite of Alabama's law. The Alabama Senate is expected to vote Tuesday on a bill already approved by the House of Representatives.

Strange said he was only speaking his opinion as the lawyer tasked with defending state statutes.

"I'm not telling the Legislature what to do. That is their call," Strange said.

Speaker of the House Mike Hubbard, R-Auburn, said Thursday that lawmakers do not plan to wait.

"The changes we have made we are confident don't have any impact at all on the Arizona decision. But they are important to us because we want to make the changes to make the law more enforceable and eliminate any additional unnecessary work that we've imposed on law-abiding citizens," Hubbard said.

Hubbard said waiting wasn't practical given that legislators don't go back into regular session until February. Revisions before then would require a special session called by the governor.

Strange in December made suggested changes to the law. However, that was shortly before the Supreme Court announced it would review the Arizona law.

"This latest change of heart comes awfully late in the process as the bill could become law in a matter of days. In any case, the speaker has grown weary of learning of the attorney general's change of legal opinions through the news media," Hubbard spokesman Todd Stacy said.

Senate President Pro Tempore Del Marsh, R-Anniston, said he learned of Strange's statement through the press and "having worked with his office over the past few months on potential revisions, this does seem a bit inconsistent."

However, Strange said his office was not closely involved in the drafting of either bill.

Strange said he thought questions the justices asked during verbal arguments in the Arizona case bode well for Alabama and other states that have similar laws.

"In my judgment the majority of the court felt there was absolutely a role the state could play," Strange said.

One of the sponsors of the original law said he was pleased to hear Strange said he thought waiting was the wise choice.

"What I've been telling anyone who will listen is if we change anything substantially, it's going back through the (court) system," Sen. Scott Beason , R-Gardendale, said.

Strange has had issues with lawmakers already this session.

The House of Representatives approved a budget that zero-funds the attorney general's office. The budget chairman said that was a mistake because he mistakenly thought the office had money available to it from a mortgage fraud settlement.

A proposed amendment to restore funding was withdrawn on the House floor, after House members said they had questions for Strange.